26210023 ANIMAL BOARDING-IFB.pdf

INVITATION FOR BIDS

CITY OF NEW BEDFORD, MASSACHUSETTS

POLICE DEPARTMENT

ANIMAL BOARDING SERVICES

IFB #26210023

Bids Due: Tuesday, August 12, 2025, at 2:00 p.m.

Jonathan F. Mitchell City of New Bedford Mayor 133 William St.

New Bedford, MA 02740

Animal Boarding Services IFB

Table of Contents

Section Page

Advertisement 2

I. Bid Conditions 3

II. Bid Requirements 6

III. Scope of Services 8

IFB Schedule 12

Bid Form 13

Attachments- Must Submit with Bid

Bidder’s Qualifications & References 16

Vote of Corporation OR LLC Form (submit one) 19

Certificate of Non-Collusion & Tax Compliance 21

Sample Contract (for reference only) 22

CITY OF NEW BEDFORD

MASSACHUSETTS

Advertisement

INVITATION FOR BIDS

Animal Boarding Services

IFB # 26210023

The City of New Bedford Purchasing Department, in conjunction with New Bedford Police Department Animal Control Division, is seeking bids for Animal Boarding Facility Service for a three year term.

Sealed bids will be received by the Purchasing Department until Tuesday, August 12, 2025 at 2:00 p.m. EST. All bids must be submitted via electronic submission on the City of New Bedford Solicitation webpage on Bidnet Direct-https://www.bidnetdirect.com/massachusetts/newbedford until the above time and date. It is recommended bidders email purchasing@newbedford-ma.gov to confirm they have submitted a bid through Bidnet Direct. Bids received after the above time and date will be rejected. Emailed and/or faxed bids will not be accepted.

Specifications and bid forms may be obtained beginning on Monday, July 28, 2025 by visiting the City of New Bedford webpage, https://www.bidnetdirect.com/massachusetts/newbedford.

The City of New Bedford reserves the right to waive any informality in, or to reject, any or all bids, if it deems such waiver or rejection to be in the best interest of the City. The City encourages minority and women-owned businesses to submit bids.

Awarding Authority City of New Bedford Molly Gilfeather Rodriguez, Director of Purchasing https://www.bidnetdirect.com/massachusetts/newbedford mailto:purchasing@newbedford-ma.gov https://www.bidnetdirect.com/massachusetts/newbedford

CITY OF NEW BEDFORD POLICE DEPARTMENT

NEW BEDFORD, MASSACHUSETTS

I. BID CONDITIONS

1. BIDS

Sealed bids herein specified as Animal Boarding Services for the City of New Bedford, MA will be received by the City of New Bedford's Purchasing Department via electronic submission on https://www.bidnetdirect.com/massachusetts/newbedford on or before Tuesday, August 12, 2025 at 2:00 p.m., at which time bids will be opened electronically.

2. SUBMITTAL

All bids must be submitted via electronic submission at https://www.bidnetdirect.com/massachusetts/newbedford until the above time and date. It is recommended that bidders email purchasing@newbedford-ma.gov to confirm they have submitted a bid through Bidnet Direct. A Vendor may correct, modify, or withdraw a bid received electronically by Purchasing Department prior to the time and date set for the bid opening.

After bid opening, a Vendor may not change the price or any other provision of the bid in a manner prejudicial to the interests of the governmental body or fair competition. The procurement officer shall waive minor informalities or allow the Vendor to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the procurement officer shall correct the mistake to reflect the intended correct bid and so notify the Vendor in writing. A Vendor may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

3. TIME

All bids received after the time stated in the Notice to Bidders will be rejected. Hard copy submissions will be returned to the Vendor unopened.

4. REGULAR BID

All information required by the Notice to Bidder, Specifications and Bid Offer in connection with each item against which a bid is submitted must be provided to constitute a regular bid. No alteration, erasure or addition is to be made in the typewritten or printed matter. The submission of a bid will be construed to mean that the Vendor is fully informed as to the extent and character of the service required and is representation that the Vendor can furnish the manpower and equipment necessary to properly render the desired service.

5. TYPEWRITTEN

Prices and information required, with the exception of the signature of Vendor, should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed or typewritten signatures are not acceptable. All bid prices must be presented so that the total cost to the City of New Bedford is clearly understandable.

6. IFB QUESTIONS & ADDENDUM

Questions concerning this Specification must be submitted online by visiting https://www.bidnetdirect.com/massachusetts/newbedford. Once logged in and viewing the bid notice online, use the “Ask a Question” button at the top of the page. If assistance is needed, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Questions are due by Thursday, August 7, 2025 at 4:00 p.m. City responses issued as addenda will be emailed to all Vendors on record as having pulled IFB documents via Bidnet Direct. Failure of any Vendor to receive any such addendum or interpretation shall not relieve any Vendor from any obligation under this bid as submitted.

7. AWARDS

The contract will be awarded to the responsible and responsive Vendor offering the lowest total price for supplies and services meeting the specifications within this IFB. It is understood that the City may use all means at their disposal to evaluate the bids received on these criteria, and the final decision as to the best overall offer, both as to price and to suitability of the products and/or services offered to fit the needs of the City. No contract will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to any Massachusetts municipality or had failed previously to perform faithfully any previous contract with a municipality.

8. REJECT BIDS

The City of New Bedford reserves the right to reject all bids. Also reserved is the right to reject for cause any bid in whole or in part; to waive technical defects, qualifications, irregularities; and omissions if in its judgment, the best interest of the City will be served.

9. CONTRACT

The Bid Requirements, Attachments and Addenda (as applicable) shall form a part of this contract, and the provisions thereof shall be binding upon the parties thereto. The term "Contract Documents" shall include all of the aforesaid, together with the contract itself.

10. BIDDING REQUIREMENTS

The Successful Bidder must meet all specifications. Any bid which does not meet these requirements, is nonresponsive, incomplete, conditional, or obscure and will be rejected. Any bid which contains additions not called for, or irregularities of any kind, is non-responsive and will be rejected.

It is absolutely imperative that bidders must bid as the exact business which they wish to perform the contract as, and that all submitted documents including the bid form, vote of corporation, W- 9, certificate of insurance, and any other supporting documentation list the business name in the exact same way. Further, the business name must match the listing in the Secretary of the Commonwealth of Massachusetts’ Corporate Database. If documentation is submitted with multiple, inconsistent business names (even if the businesses are owned by the same bidder), this may be grounds for rejection of the bid.

11. SPECIFICATION INTENT

It is the intention of this Specification to establish and define those goods that are to be provided and to determine the capability and experience of the vendors desiring to provide such goods. The intent is to secure a vendor to supply all goods requested at the lowest price.

12. TAXES

No charge will be allowed for federal, state, or municipal sales and excise taxes since the City is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.

13. SIGNED BID

A bid must be signed as follows: (1) if the vendor is an individual, by her/him personally; (2) if the vendor is a partnership, by the name of the partnership, followed by the signature of each general partner; and (3) if the vendor is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. If the bid is being submitted by an entity other than an individual, partnership or corporation, the bid must include written evidence of the vendor’s authority from the entity to submit the bid in the form of legally binding documentation.

14. NO GUARANTEE OF PURCHASE

The City makes no guarantee that any purchase will take place from any contract resulting from this Invitation for Bid, nor does the City guarantee any minimum quantity of purchase from any contract resulting from this Invitation for Bid. The City may increase or decrease the quantities without change in price per unit of quantity, as purchases will be made to cover actual needs only.

15. SPECIAL REQUIREMENT

The City requires all corporate bidders soliciting business with the City which are not Massachusetts Corporations to be registered as a Foreign Corporation in the Commonwealth of Massachusetts. Therefore, “out of state businesses”, in accordance with M.G.L. c. 156D, § 15.01, must register as a foreign corporation doing business in Massachusetts and appoint a Resident Agent for service of process within the Commonwealth of Massachusetts. The necessary forms may be downloaded from the state web site www.state.ma.us/sec.

END OF SECTION- BID CONDITIONS

http://www.state.ma.us/sec

II. BID REQUIREMENTS

1. GENERAL DESCRIPTION

Vendors are invited to submit bids for Animal Boarding Services. This solicitation is for a three year term to begin about August 2025 and end June 30, 2028. Each Vendor must furnish the following with its bid and failure to comply with these requirements may result in disqualification of the vendor:

2. INSURANCE CERTIFICATES

Consultant shall maintain liability insurance as such that will protect it from claims under Workmen’s Compensation Acts, and from other claims for damages for personal injury, including death, property damage and automobile liability, which may arise from operations under this contract. Consultant agrees to hold the City of New Bedford and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from or in connection with operations under this contract. A copy of said liability insurance which is in effect and enforceable shall be provided and include the City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies for the length of this agreement. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the contract and shall operate as an immediate termination thereof.

All policies shall be so written that the City of New Bedford will be notified of the cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment.

Certificates evidencing such insurance shall be furnished to the City of New Bedford at the execution of this contract and each anniversary date thereafter.

Consultant shall carry the following insurance, with the City clearly designated as additional insured, during the term of this Agreement. Prior to the execution of the Agreement, Consultant shall provide proof of the following coverage:

a. Workers Compensation and Employer’s Liability Insurance in compliance with statutory limits;

b. Liability Insurance with $1,000,000 General Liability Coverage

c. $2,000,000 General Aggregate Liability coverage

d. Automobile Liability Insurance including non-owned and hired automobiles with combined single limit of $1,000,000 per accident

3. PRICE SUBMISSION

All vendors must provide both a unit price and a total (extended) price for each service listed on Attachment B- Vendor Bid Form B. Please bid only one bid price per line item. If there is a discrepancy between the unit price and the total price for any item(s) on the “Vendor Bid Form B”, the unit price will prevail. On all items bid, use the unit designated in the "Unit" column of the bid sheets for the unit price. The "Total Cost" is the “Unit Cost” multiplied by the number in the "Estimated Units” column. Excessive errors in price calculations will be sufficient grounds for rejection of the entire bid.

4. ACTUAL OR ESTIMATED QUANTITES

The City estimates that they will need services as listed on the “Vendor Bid Form B” in the volumes indicated for three years. It is understood and agreed that quantities attached hereto are approximate and that the contract shall cover actual days, whether more or less than the quantities indicated.

5. REFERENCES

The Vendors shall provide at least three (3) references that are satisfactory to the City of New Bedford which will serve to illustrate the ability of each Vendor’s firm in accordance with these specifications.

The references must be from prior contracts, preferably performed within the last 3 years, be similar in size and scope to this contract bid, and include contact names and telephone numbers.

6. LAWS GOVERNING AWARDED VENDOR

The Awarded Vendor shall abide by all applicable local, State, and Federal laws and policies when providing services under this Contract.

END OF SECTION – BID REQUIREMENTS

III. SCOPE OF SERVICES & SPECIFICATIONS OF WORK

1) The Shelter shall provide boarding services, in a sanitary and secure facility that is suitable for the detention of animals, for animals delivered by City to the Shelter operated by the Shelter. Said boarding services shall include daily care, necessary inoculations and testing, flea, and tick control.

2) For dogs, said boarding services shall also include temperament testing. Any emergency veterinary expenses during the minimum boarding periods, established pursuant to this agreement, shall be the responsibility of the City however the Shelter shall be responsible to provide emergency transportation to a veterinarian for health care. The Shelter shall provide a list of fees for services and attach to this contract.

3) The Shelter shall properly train and supervise its employees to ensure that all animals in Shelter's facility are cared for in a sanitary environment and in a humane manner.

4) Dogs shall be boarded for a minimum of (10) days as per City ordinance or until an owner comes forward to claim the dog, whichever is less. No dog may be claimed by an owner until all outstanding fees and fines owed to the City for said dog have been paid. This shall include any additional amounts owed as a result of the animal being held past the holding periods set forth in this Agreement, at the direction of the City. Payment shall be received on behalf of the City by the Shelter (no personal checks or cash shall be accepted). The Shelter shall turnover said over payment with corresponding claim form to the City.

5) If any dog is not claimed after ten (10) days, as per City ordinance the animal will be turned over to the shelter on the first (1st) available day and the City will be billed a turn-in fee. A signed release of ownership must accompany any owned animal surrendered through Animal Control.

6) In the event an animal must be boarded for more than (10) days as per City ordinance, (i.e. pending court case) the City shall notify the Shelter that the animal is not being turned in and the City shall be responsible for continued boarding costs at the rate specified in the rate sheet submitted, until such time as the City notifies the Shelter that the animal is being turned-in or that other arrangements have been made for the animal.

7) Cats and other animals shall be boarded for a minimum of three (3) days or until an owner comes forward to claim the cat or other animal, whichever is less. No cat or other animal may be claimed by an owner until all outstanding fees and fines owed to the City for said animal have been paid.

This shall include any additional amounts owed as a result of the animal being held past the holding periods set forth in the Agreement, at the direction of the City. Payment shall be received on behalf of the City by the Shelter (no personal checks shall be accepted). The Shelter shall turn-over said payment with the corresponding claim form to the City.

8) If any cat or other animal is not claimed after three (3) days, the animal will be turned over to the shelter on the fourth (4th) day and the City will be billed a turn-in fee. A signed release of ownership must accompany any owned animal surrendered through Animal Control.

9) In the event an animal must be boarded for more than three (3) days (i.e. pending court case) the

City shall notify the Shelter that the animal is not being turned-in and the City shall be responsible for continued boarding costs at the rate specified in the rate sheet submitted, until such time as the City notifies the Shelter that the animal is being turned-in or that other arrangements have been made for the animal.

10) The Shelter agrees to confine for the City all animals brought to their facilities by the Animal

Control Inspector and/or Animal Control Officer of the City of New Bedford. The City may use their discretion to hold an animal at their (the City’s) holding facility and upon doing so, will contact and provide the shelter with the animals’ information.

11) A written quarantine slip from the Animal Inspector shall be included with each animal submitted to Shelter's facility for quarantine, no later than 48 hours after entering the facility.

12) In a case where the dog or cat is brought into the shelter with pups or kittens, the City will be billed the daily boarding fee for one animal unless the puppies or kittens are old enough to be boarded in their own kennel, then the City will be billed a boarding fee for each puppy or kitten boarded in separate kennel spaces. However, if two puppies or kittens get along, they should be kenneled together.

13) The Shelter shall contact the City to inform the City of the animal's veterinary needs and keep the

City up to date with any changes that the animal may need.

14) The Shelter agrees once an animal is taken to the vet and returned to the Shelter, that the Shelter shall provide the animal with daily care including wound care, bandage changing, administering medication, and any other medical care needs to provide a healthy, comfortable stay for the remaining holding period.

15) Any kittens or puppies born while the animal is in the Shelter's facility during the holding period will not be billed to the City.

16) The Shelter agrees to provide the City with an area designated for animal carriers and transportation vehicles to be cleaned and disinfected. The City will reimburse the Shelter for any disinfectant bought by the Shelter for this purpose, so long as the Shelter provides documented expenses for reimbursement.

17) In the event the City brings to the Shelter an animal that is not of a species that is commonly brought to the Shelter for care, the City agrees to assist the Shelter with obtaining the necessary equipment to allow the Shelter to accommodate the basic needs for that animal. The City agrees to reimburse the Shelter for reasonable expenses related to the care of said animal, so long as the

Shelter obtains the City's approval prior to housing the animal and provides the City with documented expenses for reimbursement.

18) The Shelter agrees to confine all animals in its possession for the required timeframe as prescribed in City Ordinance. The only exceptions are as follows: dog hearings; quarantines; cruelty complaints; abandoned animals; drug raids where owners have been arrested or any animal deemed by the City to require extra stay while the animals' owner is being located. The Shelter agrees to hold all said animals until the City has communicated to the Shelter, in writing or email, that the animal can be surrendered to the Shelter.

19) In the event the City delivers to the Shelter an animal resulting from the arrest or detention of the animal's owner, the City will provide to the Shelter in a timely fashion a completed Person's Arrest Form or 10 Day Form.

20) The City agrees that unclaimed animals will become the Shelter's property after their holding period, and any potential adopters must apply through the Shelter adoption process. The Shelter may, at its discretion, offer animals to the City for transfer to other facilities after their holding period or if the animal is deemed by the Shelter not to be an adoption candidate through the Shelter's facility.

21) The Shelter agrees to fill out all appropriate paperwork that is needed to claim and keep accurate records according to State Law and City Ordinances regarding animals.

22) For any animals brought by the Animal Inspector or Animal Control Officer of the City of New Bedford, his or her agents, employees, or residents of the City of New Bedford, a copy of the Shelter's intake form must be submitted to the City with final disposition of the animal, be it adopted, not adoptable, claimed, transferred to other facilities, etc., along with the monthly billing.

23) The Shelter agrees, when an owner of an animal is found, the required paperwork will be filled out including: a claim slip and any other pertinent paperwork regarding that animal that may be needed.

24) The Shelter shall establish a website to provide information to residents who are trying to locate their lost animals and to display stray animals that have been brought in by the City. In the event the Shelter is unable to provide its own website, the Shelter agrees to cooperate with City officials to establish on-line capability, through the City's website, to assist residents in locating their lost pets.

25) Being the goal between the City and the Shelter to reunite animal and owner, the Shelter will check for microchips in animals they receive. When a microchip is found the Shelter shall notify the owner. Additionally, the Shelter shall provide written notification to the City's animal control office including the information found on the microchip and possible owner, if identifiable. If the Shelter receives any information pertaining to an owner of a lost and/or sheltered animal, the Shelter shall provide the City with written notification of the same. The information gathered will then be placed on the appropriate cage card.

26) All monies paid to the Shelter, once an animal owner is located (during the holding period) or any extended holding period at the direction of the City), becomes the property of the City and a claim form shall be filled out with the amount of days, times, the City claim fee, total amount due, animal’s description, owner’s name, address, city, town, phone number and date of birth.

27) It is the intention of the City and the Shelter to give care and comfort to animals delivered to the

Shelter by the City. The parties recognize that from time to time there may be animals delivered to the Shelter, some of which may require special attention due to medical and/or temperamental reasons. That said, animals returned to the City due to temperamental, medical or other disposition shall have an "Animal Control Officer Return Card” completed and returned detailing the reasoning behind the Shelter's determination. If and when the City and the Shelter both agree that an animal is not adoptable, the City, through its animal control division, will be responsible for the euthanizing of the animal, after the holding period has expired.

28) The Shelter facility shall be open to the public, for owners to retrieve their animals, during the hours specified in the "Schedule of Business hours" provided by the Shelter. The Shelter shall make its facility available to the City seven days a week 11:00 a.m. to 4:00 p.m. or by appointment.

The Shelter shall provide the City with access and provide a key for the Animal Control Officers to the overnight holding quarters while the Shelter is closed for holidays, vacation, or any other reason. All shelter deliveries shall be performed in accordance with the procedures of the Shelter.

29) The Shelter shall adhere to all applicable Massachusetts General Laws and City Ordinances pertaining to animals and the services provided herein, including applicable fee schedules.

30) In the event that the City will need the Shelter to open after hours to assist the City's Animal Control Department, the City shall reimburse the Shelter all costs pertaining to the Shelter's employment of personnel for these extended operating hours. The Shelter shall bill the City a forty dollar ($40.00) call out fee for their assistance as an after-hour charge.

END OF SECTION – SCOPE

IFB SCHEDULE

EVENT DATE

IFB AVAILABLE Monday, July 28, 2025

QUESTION DEADLINE Thursday, August 7, 2025 at 4 pm

BID DUE DATE/ OPENING Tuesday, August 12, 2025 at 2 pm

CONTRACT BEGINS August 2025

Mayor Jonathan F. Mitchell

VENDOR BID FORM B

SERVICE

UNIT

COST

ESTIMATED

UNITS

TOTAL COST

1) Boarding fee for Dogs

1960 DAYS

2) Turn-in fee for dogs weighing under twenty-five (25) pounds

66 DAYS

3) Turn in fee for dogs weighing between twenty-five (25) and forty-five (45) pounds

4) Turn-in fee for dogs weighing more than forty-five (45) pounds

5) Turn-in fee for a litter of two or more puppies, in a case where mother is not adoptable (*see note below)

8 LITTERS

6) Boarding fee for cats and other small domestic animals

1671 DAYS

7) Turn-in fee for cats and other small domestic animals

263 ANIMALS

8) Boarding fee for other animals (e.g., goat, pig)

30 DAYS

TOTAL ESTIMATED COST

*NOTE: Turn-in fee for a mother and puppies and the mother is adoptable the fee will be mother’s fee plus the fee for one pup

Mayor Jonathan F. Mitchell

VENDOR BID FORM: TOTALS

ANIMAL BOARDING SERVICES

DATE:

TO: CITY OF NEW BEDFORD

C/O NEW BEDFORD PURCHASING DEPARTMENT

133 WILLIAM ST

NEW BEDFORD, MASSACHUSETTS 02740

PURCHASING AGENT

A) The Undersigned proposes to provide animal boarding services in accordance with the enclosed Contract Documents and specifications.

B) Please submit proposed total bid amount for the listed project. Discrepancies between the written and numerical amounts shall be resolved in favor of words. Discrepancies between any unit prices and their respective total amounts will be resolved in favor of unit prices.

TOTAL BID PRICE:

(Numerical)

(Written)

Company Name:____________________________________________________________________

Person Submitting Bid:

(Printed) (Authorized Signature)

Title: Email:

Address

ATTACHMENTS

Bidder’s Qualifications and References

Vote of Corporation OR LLC Certificate of Incumbency and Authority

- Only submit whichever form is applicable to your firm.

Certificate of Non-Collusion/Tax Compliance

Sample Contract (for reference only)

BIDDER’S QUALIFICATIONS AND REFERENCE FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City of New Bedford for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3. INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:

4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO OR MWBE? YES

NO

5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED

DATE OF COMPLETION:

6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU?

YES NO

IF YES, WHERE AND WHY?

7. HAVE YOU EVER DEFAULTED ON A CONTRACT? YES NO

IF YES PROVIDE DETAILS.

8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF THREE (3) CONTRACTSSHALL BE LISTED.

PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME:

OWNER:

CITY/STATE:

DOLLAR AMOUNT: $ DATE COMPLETD:

PUBLICLY BID? YES NO TYPE OF WORK:

CONTACT PERSON:

PHONE NUMBER: EMAIL:

CONTACT PERSON’S RELATION TO PROJECT:

(i.e., contract manager, purchasing agent, etc.)

10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and request any person, firm, or corporation to furnish any information requested by the City of New Bedford in verification of the recitals comprising this statement of Bidder’s qualifications and experience.

DATE: COMPANY NAME:

SIGNATURE:

PRINT NAME: TITLE:

TELEPHONE: EMAIL:

END OF SECTION

Jonathan F. Mitchell, Mayor

VOTE OF CORPORATION AUTHORIZING

EXECUTION OF CORPORATE AGREEMENTS

At a meeting of the Board of Directors of duly called and held on , 20 at which a quorum was present and acting throughout, the following vote was duly adopted.

VOTED: That , a of the corporation, be and hereby is authorized to affix the Corporate Seal, sign and deliver in the name and behalf of the corporation contract documents with the City of New Bedford, the above mentioned documents to include but not be limited to Bids, Proposals, Deeds, Purchase and Sales Agreements, Agreements, Contracts, Leases, Licenses, Releases and Indemnifications; and also to seal and execute, as above, surety company bonds to secure bids and proposals and the performance of said contract and payment for labor and materials, all in such form and on such terms and conditions as he/she, by the execution thereof, shall deem proper. A true copy.

ATTEST:

Name (Print)

(Affix Corporate Seal)

Signature

Title Date

133 William Street, Room 208 | New Bedford, MA 02740 | Telephone 508-979-1433

LLC CERTIFICATE OF INCUMBENCY AND AUTHORITY

This certificate is made as of the day of , 20 , by

, member and Manager of , (individual authorized to sign below) (company name) a Massachusetts Limited Liability Company.

The undersigned member and Manager of , a Massachusetts Limited Liability (company name)

Company, being duly authorized to execute documents to be filed with Office of the Secretary of State of Massachusetts, hereby does state as follows:

1. The between the City of New Bedford and (name of contract) (company name) is approved by .

(company name)

2. is a duly qualified and acting member and the Manager of (individual authorized to sign below)

(company name)

3. hereby is authorized to execute the between the (individual authorized to sign below)

City of New Bedford and .

(company name)

(name of contract)

IN WITNESS WHEREOF, I have affixed my name as member and Manager of this day of , 20 .

, ss.

(Name of individual)

COMMONWEALTH OF MASSACHUSETTS

, 20

Then personally appeared the above-named , (Name of individual) member and Manager of and acknowledged the foregoing statements to be true and the foregoing instrument to be his free act and deed and the free act and deed of , before me, Signature

Printed name:

Notary Public/Justice of the Peace

My commission Expires:

NON-COLLUSION AND TAX COMPLIANCE FORM

CERTIFICATE OF NON-COLLUSION

The undersigned certified under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Signature of individual submitting bid

Name of business/organization

TAX COMPLIANCE CERTIFICATION

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named business/organization, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature of person submitting bid

Name of business/organization

AGREEMENT FOR PROFESSIONAL SERVICES

Contract #26210023

Animal Boarding Services

DATE:

WHEREAS, the CITY OF NEW BEDFORD, MASSACHUSETTS, a municipal corporation, 133 William Street, New Bedford, Bristol County, Massachusetts 02740, hereinafter referred to as the “City,” acting by and through its

Police Department, has a need for a consultant to provide Animal Boarding Services.

WHEREAS, WRITE IN VENDOR, a [corporation, business, etc] located at WRITE IN ADDRESS, hereinafter referred to as the “Consultant,” submitted a proposal to perform the Scope of Services described herein in Appendix

“A” and undertake related duties and responsibilities required under this Agreement; and

WHEREAS, the Consultant’s proposal indicates that it is qualified by experience and training to perform said Scope of

Services and undertake the duties and responsibilities required under this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Consultant hereby agree as follows:

This Agreement is comprised of Part I and Part II, and includes all appendices, attachments, submitted documents, addenda, technical proposal, the price proposal and all documented negotiations relevant to the proposal. Part I includes details of the services to be performed, schedule of the services, and compensation. Part II contains the Terms and

Conditions of the Agreement, which are the general terms of the engagement between the City and Consultant.

PART I

SCOPE OF SERVICES

The complete Scope of Services and unit prices are contained herein in Appendixes A and B, respectively [remove/change reference to appendixes if they vary from A and B]. The Scope of Services may be modified by written agreement of the City and Consultant, provided any such modification complies with applicable law. The Consultant shall perform services by specific Task authorized by its proposal or on an as needed basis by Change Order or Work Order in accordance with this Agreement.

PART II

TERMS AND CONDITIONS

The City’s engagement of the Consultant is under the following terms and conditions that form an integral part of this Agreement:

1. Scope: The Scope of Services, Schedule, and Budget encompass the entire time of performance of the

Agreement regardless of whether the term exceeds one (1) year, except Budget price as noted in paragraph 2 herein, Prices; Term. See Appendix A for full Scope of Services.

2. Prices; Term: The Term of this Agreement shall be for approximately three years, beginning on __________ and ending June 30, 2028.

3. Appropriation; Termination: The City may terminate this Agreement if funds are not appropriated to support continuation of performance beyond the first year.

4. Payment Responsibility: Payment to Consultant is the sole responsibility of signatory of this Agreement and is not subject to third party agreements.

5. Acceptance: All Contracts require proper acceptance of the described goods or services by the City. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the City to ensure that the goods or services are complete and are as specified in the Contract.

6. The Consultant:

7. Commencement: All schedules set forth in the Scope of Services commence upon the execution of this Agreement.

8. Compensation: The City will compensate Consultant for the satisfactory performance of the Tasks included in the Scope of Services as agreed upon in Appendix A. Total compensation for all services rendered by the Consultant shall not exceed , unless authorized by a Change Order duly executed by Consultant and the City.

9. Invoices: Consultant shall submit an invoice no later than the 15th of the month for services rendered the previous month. The City shall make all reasonable efforts to process payments within thirty (30) days from the date of receipt of each invoice. The City shall give prompt written notice of any disputed invoice amount and shall pay the amount not in dispute.

10. Insurance: Consultant shall maintain liability insurance as such that will protect it from claims under

Workmen’s Compensation Acts, and from other claims for damages for personal injury, including death, property damage and automobile liability, which may arise from operations under this contract. Consultant agrees to hold the City of New Bedford and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from or in connection with operations under this contract. A copy of said liability insurance which is in effect and enforceable shall be provided and include the City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies for the length of this agreement. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the contract and shall operate as an immediate termination thereof.

All policies shall be so written that the City of New Bedford will be notified of the cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment.

Certificates evidencing such insurance shall be furnished to the City of New Bedford at the execution of this contract and each anniversary date thereafter.

Consultant shall carry the following insurance, with the City clearly designated as additional insured, during the term of this Agreement. At the execution of the Agreement, Consultant shall provide proof of the following coverage:

a. Workers Compensation and Employer’s Liability Insurance in compliance with statutory limits;

b. Liability Insurance with $1,000,000 General Liability Coverage

c. $2,000,000 General Aggregate Liability coverage

d. Automobile Liability Insurance including non-owned and hired automobiles with combined single limit of $1,000,000 per accident

At the execution of this Agreement, Consultant shall furnish certificates of insurance evidencing the above coverage to the City for the City’s review and approval.

11. Indemnification: Consultant agrees to indemnify and hold the City harmless from and against legal liability for all judgments, losses, damages, and expenses to the extent of its applicable insurance coverage and to the extent that such judgments, losses, damages or expenses are caused by Consultant’s negligent acts, errors, or omissions arising out of its performance of services under this Agreement. This obligation shall survive the termination or expiration of this Agreement.

12. Delays: Consultant shall not be responsible for failure to perform or for delays in the performance of services that arise out of causes beyond the control and/or without the fault or negligence of Consultant. Consultant shall notify the City promptly in writing whenever a delay is anticipated or experienced, and to inform the City of all facts and details related to the delay.

13. Services for Use of City: Consultant’s services shall be performed on behalf of and solely for the benefit and exclusive use of the City and the City’s agents and designees for the limited purpose set forth in this Agreement. The City acknowledges that Consultant’s services require decisions that are not necessarily based upon science, but rather upon judgmental considerations.

14. Ownership and Use of Documents: All documents prepared or received by Consultant in its performance of this Agreement, including all drawings, designs, specifications, notes, field notes, computer files, data and other documents shall be delivered to and become the property of City. Consultant agrees not to assert any rights or establish any claim under patent, copyright or other laws with respect to the City’s ownership of said documents and hereby grants the City an irrevocable royalty-free license to all such documents, including the right to use them on any other City projects without additional cost to the City. Consultant bears no responsibility whatsoever for reuse by the City of documents prepared under this Agreement for any other purpose than originally intended. Consultant shall at all times obtain the prior written approval of the City before it, any of its officers, agents, employees or subcontractors, either during or after termination of this Agreement, makes any statement bearing on the work performed or data collected under this Agreement to the press or issues any material or publication through any medium of communication. If the Consultant, or any of its officers, agents, employees or subcontractors, publishes a work dealing with any aspect of performance under this Agreement, or of the results and accomplishments attained in such performance, the

City shall have a royalty-free non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the publication.

15. Confidential Information: Consultant acknowledges that its services hereunder are being rendered to the City of New Bedford. Communications, reports, findings, conclusions, theories, and other work, however characterized, performed by Consultant hereunder is not to be divulged to any person or entity other than the City of New Bedford, or persons designated as privileged to receive such information. Consultant further acknowledges that it may receive confidential information as it provides services under this Agreement and agrees that neither it nor its employees, officers, agents, attorneys, subcontractors or other representatives, however described, shall discuss, relay, transmit or otherwise divulge such information in person or by print or electronic media, whether by telephone or e-mail, with or to any person who is not privileged to receive such information by virtue of this Agreement or applicable state or federal law, statute or regulation. This prohibition is absolute, the violation of which will constitute grounds for the City’s termination of this Agreement and collection of any associated damages incurred by the City.

16. Independent Contractor: Consultant is an independent contractor, solely responsible for methods and means used in performing the services under this Agreement, and is not an employee, agent, or partner of the City.

Consultant is not authorized to enter into any agreement with any party on behalf of the City.

17. Certifications: Consultant certifies under the pains and penalties of perjury pursuant to M.G.L. c. 62C, § 49A that the Consultant has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes; and pursuant to M.G.L. 151A, § 19A(b), has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions to the Employment Security System; and with all laws of the Commonwealth relating to Worker’s Compensation, M.G.L. c. 152.

18. Licenses; Permits: The Consultant also represents that s/he is qualified to perform all services required under this Agreement and has obtained all requisite licenses and permits to perform these services.

19. Appropriations; City’s Obligations: Appropriations for expenditures by the City and authorization to spend for a particular purpose are ordinarily made on a fiscal year basis. The fiscal year of the City is the twelve

(12) month period ending June 30 of each year. The obligations of the City under this Agreement for the present or any subsequent fiscal year following the fiscal year in which the Agreement is executed are subject to appropriation by the City of funds sufficient to discharge the City’s obligations that accrue in this or any subsequent fiscal year. In the absence of such appropriation or authorization, this Agreement shall be terminated immediately upon the Consultant’s receipt of notice to said effect without liability or damages, penalties or other charges arising from such early termination. Expenditures under this Agreement for services that will extend beyond a single fiscal year shall not exceed in any fiscal year the amount appropriated or authorized for said fiscal year. The Consultant’s yearly costs, as contained herein, may not exceed the amount appropriated for the year.

20. Records; Inspection: The Consultant shall maintain books, records and other compilations of data pertaining to the requirements of this Agreement to the extent and in such detail as shall properly substantiate claims for payment under the Agreement. All such records shall be kept for a period of six (6) years or for such longer period as is specified herein. All retention periods start on the first day after final payment under this Agreement. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues resulting therefrom, or until the end of the applicable retention period, whichever is later. The City, or any of its duly authorized representatives or designees, shall have the right at reasonable times and upon reasonable notice, to examine and copy, at reasonable expense, the books, records, and other compilations of data of the Consultant which pertain to the provisions and requirements of this Agreement. Such access shall include on-site audits, reviews, and copying of records.

21. Notices: Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by certified mail to for the Consultant and Purchasing Department, 133 William Street, Room 208, New Bedford, Massachusetts, 02740 for the City.

22. Representations; Reliance: In entering into this Agreement, the City and Consultant have relied only upon the representations set forth herein. No verbal warranties, representations, or statements shall be considered a part of this Agreement or a basis upon which the City or Consultant relied in entering into this Agreement.

No statements, representations, warranties, or understandings, unless contained herein, exist between the City and Consultant.

23. No Inducement: Consultant certifies that neither it nor any of its employees, agents, officers, attorneys, subcontractors or representatives, however described, has given, offered or agreed to give any person, corporation or other entity any gift, contribution, offer of employment or other reward as an inducement for, or in connection with, the award of this Agreement.

24. Solicitation: Consultant certifies that no person, corporation or other entity, other than a bona fide full-time employee of Consultant, has been retained or hired by Consultant to solicit for or in any way assist Consultant in obtaining this Agreement upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the Agreement to Consultant.

25. Accounting: Consultant agrees to maintain internal accounting controls and permit the City to view its audited financial statements in camera at Consultant’s offices upon city’s request.

26. Waivers: A waiver by either the City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. Forbearance or indulgence of a breach of this Agreement in any form or manner by either the City or Consultant shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to that party.

27. Invalidity; Severability: The invalidity, illegality or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be void. The City and Consultant further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close to possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void.

28. Termination for Cause: This Agreement may be terminated in writing by either party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. The non-performing party shall have fourteen (14) calendar days from the receipt of the termination notice to cure its failed performance or to submit a plan for such cure acceptable to the other party. All notices hereunder shall be delivered by certified mail, return receipt requested.

29. Termination for Convenience: The City may terminate or suspend performance of this Agreement for the

City’s convenience upon Consultant’s receipt of written notice from the City. Consultant shall terminate or suspend performance on a schedule acceptable to the City, and the City shall pay Consultant for all the services performed through and including the date of Consultant’s receipt of such notice. Upon restart, if performance is suspended hereunder, an equitable adjustment may be made to Consultant’s compensation and schedule. An equitable adjustment shall not apply to work suspended or terminated due to Consultant’s failure to perform in accordance with the terms of this Agreement.